Daniel James Draper of the Battle Mountain area was sentenced to 15 years in federal prison for two charges to run consecutively, resulting in 30 years in prison. The sentence is the maximum allowed under federal law and there is no chance of parole.
Draper was found guilty by jury of voluntary manslaughter and using a firearm during a crime of violence Jan. 16. He has been in custody since his Dec. 22, 2011, arrest for killing Linford Dick on the Battle Mountain Indian Colony.
Draper was found not guilty of first and second degree murder.
The Reno trial was presided over by Nevada District Judge Robert Jones, who also handed down the sentence. Draper was represented by Reno attorney John Stephenson and the U.S. Attorney's Office was represented by Megan Rachow and William Reed.
U.S. Attorney Daniel Bogden issued a statement after the sentencing.
"The 30-year prison sentence imposed against defendant Draper cannot bring Linford Dick back or undo any of the violent criminal acts inflicted upon him," he said. "Hopefully, the verdict and sentence provides some measure of justice to the victim, his family and the Battle Mountain Indian Colony community. We will continue our outreach and law enforcement efforts in an attempt to make our tribal communities safe."
Stephenson said he appealed the case. Judge Jones will appoint an appellant attorney from the Criminal Justice Panel to represent Draper through the appeal process. That attorney will decide on what grounds to appeal, Stephenson said.
"My client adamantly proclaims his innocent and he is optimistic that his sentence and his conviction will be overturned following the resolution of his recently filed appeal to the Ninth Circuit," he added.
Draper was indicted on a charge of murder by a grand jury Jan. 4, 2012, and pleaded not guilty at his arraignment and plea hearing Jan. 6, 2012.
He made his initial appearance in the federal court Dec. 23, 2011, and was assigned to public defender Michael Kennedy, who handled the case until Stephenson took over in October 2013.
The original criminal complaint alleged that on Dec. 20 Draper willfully and maliciously killed Dick with premeditation and malice by shooting and/or beating him.
According to court records, at 1 a.m. Draper smashed the front window and entered a home on the Indian Colony and shot and killed the victim. Draper also beat Dick in the head with a shotgun. Two women and a child were in the home at the time.
After the murder, an arrest warrant was issued for him and a massive search by the FBI and law enforcement agencies across the state was launched. He was arrested two days later in Winnemucca by the Winnemucca Police Department and the Humboldt County Sheriff's Office after they received information that he was sighted downtown.
The case was investigated by the FBI, the Bureau of Indian Affairs, the Battle Mountain Indian Colony Police Department and the Lander County Sheriff's Office.[[In-content Ad]]
